Applications to the Court
Our team advises on formal applications for gifts, Wills and settlements.
Only the Court of Protection can authorise decisions as important as making a Will or a major lifetime gift on behalf of someone who lacks capacity.
Creating a settlement involves complex issues of trust and tax law. Such decisions can affect other people, who may or may not agree to what is proposed, and require a very careful consideration of the interests of the person who lacks capacity.
The Court of Protection exists to safeguard the property, financial affairs and welfare of those who lack capacity to make decisions for themselves.
Our services include:
- making applications for gifts, Wills and settlements
- navigating the complexities of the Mental Capacity Act 2005 and Court of Protection Rules
- advising parties on applications or responding to applications
- acting as litigation friend for persons who lack capacity
- making applications for the replacement of trustees who lack capacity.
We have one of the largest specialist Court of Protection teams in the country, offering a unique combination of expertise and resources to deal with a range of work from simple applications to complex litigation.
Eddie Fardell and Martin Terrell are both highly regarded experts in this field, with 40 years of experience between them. They are both on the Court of Protection User Group, and panel of external Deputies, and often receive direct referrals from the Court and other professionals.
We understand how the jurisdiction works and will know when to compromise, fight or walk away. Where necessary, we work with leading barristers in this area of practice, and have been involved in some of the most difficult decisions made by the Court, such as in the landmark case of Re P.
For further information please contact one of the team.